News

The Supreme Court has denied review in Philip Morris USA, Inc. v. Jackson, 131 S. Ct. 3057 (2011), after Justice Scalia first issued an order blocking the verdict for plaintiffs from going into effect. With the denial of review, the stay order has lifted. No dissents issued from the denial.

SCOTUSblog has coverage of the denial here, which begins: “An effort by four major tobacco companies to nullify a $270 million program to encourage Louisiana smokers to quit ended quietly in the Supreme Court Monday, as the Justices simply denied review and passed up a chance to clarify the constitutional status of controversial class-action lawsuits. That denial was perhaps the highest-visibility order on a lengthy closing-day list that included 11 new grants[.]”

Petitioners’ counsel included Mr. Alan E. Untereiner of Robbins, Russell, Englert, Orseck,

Untereiner & Sauber LLP; Mr. Paul Clement of Bancroft LLP; and Mr. Miguel Estrada of Gibson, Dunn & Crutcher LLP. CCL’s Robert S. Peck and Andre M. Mura represented the respondents.

The U.S. Supreme Court let stand a $5.6 million judgment against KIA Motors based on a defect in certain braking systems. The petition in Kia Motors America, Inc. v. Samuel-Bassett, --- S. Ct. ----, 2012 WL 2368701 (2012), was filed by Mr. Carter G. Phillips of Sidley Austin LLP. CCL’s Robert S. Peck was counsel of record for respondents.

The U.S. Supreme Court has denied review of an insurer’s attempt to avoid liability to people whose property was destroyed by Hurricane Katrina. The case is Louisiana Citizens Property Insurance Corporation v. Oubre, --- S. Ct. ----, 2012 WL 1358843 (2012).

Mr. Theodore B. Olsen of Gibson Dunn represented the petitioners. CCL’s Robert S. Peck was counsel of record for respondents.

The Supreme Court has declined to review an $8 million punitive damages verdict against Farmers Insurance Company of Oregon in a class action brought by policyholders, in Farmers Insurance Co v. Strawn. The Oregon courts found that Farmers failed to comply with Oregon personal injury protection (PIP) law and its policy contract by failing to pay all reasonable medical expenses it was required to pay. CCL’s Robert S. Peck, counsel of record for the plaintiffs/respondents, opposed review of Farmers’ petition, which asserted in part that it was denied due process because plaintiffs proved the reliance element of fraud on a class-wide rather than individualized basis. Petitioners were represented by Mr. Theodore J. Boutros of Gibson Dunn.